Conscious of the importance of international watercourses and the non-navigational
uses thereof in many regions of the world,

Having in mind Article 13, paragraph 1 (a), of the Charter of the United
Nations, which provides that the General Assembly shall initiate studies
and make recommendations for the purpose of encouraging the progressive
development of international law and its codification,

Considering that successful codification and progressive development
of rules of international law regarding non-navigational uses of international
watercourses would assist in promoting and implementing the purposes
and principles set forth in Articles 1 and 2 of the Charter of the
United Nations,

Taking into account the problems affecting many international watercourses
resulting from, among other things, increasing demands and pollution,

Expressing the conviction
that a framework convention will ensure the utilization, development,
conservation, management and protection of international watercourses
and the promotion of the optimal and sustainable utilization thereof
for present and future generations

Affirming the importance of international cooperation and good neighbourliness
in this field,

Aware of the special situation and needs of developing countries,

Recalling the principles and recommendations adopted by the United
Nations Conference on Environment and Development of 1992 in the Rio
Declaration and Agenda 21,

Recalling also the existing bilateral and multilateral agreements regarding
the non-navigational uses of international watercourses,

Mindful of the valuable contribution of international organizations,
both governmental and non-governmental, to the codification and progressive
development of international law in this field,

Appreciative of the work carried out by the International Law Commission
on the law of the non-navigational uses of international watercourses,

Bearing in mind United Nations General Assembly resolution 49/52 of
9 December 1994,

Have agreed as follows:

PART I. INTRODUCTION

Article 1: Scope of the present Convention

1. The present Convention
applies to uses of international watercourses and of their waters
for purposes other than navigation and to measures of protection,
preservation and management related to the uses of those watercourses
and their waters.

2. The uses of international
watercourses for navigation is not within the scope of the present
Convention except insofar as other uses affect navigation or are
affected by navigation.

Article 2: Use of Terms

For the purposes of
the present Convention:

(a) "Watercourse" means
a system of surface waters and groundwaters constituting by virtue
of their physical relationship a unitary whole and normally flowing
into a common terminus;

(b) "International
watercourse" means a watercourse, parts of which are situated
in different States;

(c) "Watercourse
State" means a State Party to the present Convention in whose
territory part of an international watercourse is situated, or
a Party that is a regional economic integration organization, in
the territory of one or more of whose Member States part of an
international watercourse is situated;

(d) "Regional
economic integration organization" means an organization constituted
by sovereign States of a given region, to which its member States
have transferred competence in respect of matters governed by this
Convention and which has been duly authorized in accordance with
its internal procedures, to sign, ratify, accept, approve or accede
to it.

Article 3: Watercourse Agreements

1. In the absence of
an agreement to the contrary, nothing in the present Convention shall
affect the rights or obligations of a watercourse State arising from
agreements in force for it on the date on which it became a party
to the present Convention.

2. Notwithstanding the
provisions of paragraph 1, parties to agreements referred to in paragraph
1 may, where necessary, consider harmonizing such agreements with
the basic principles of the present Convention.

3. Watercourse States
may enter into one or more agreements, hereinafter referred to as "watercourse
agreements", which apply and adjust the provisions of the present
Convention to the characteristics and uses of a particular international
watercourse or part thereof.

4. Where a watercourse
agreement is concluded between two or more watercourse States, it
shall define the waters to which it applies. Such an agreement may
be entered into with respect to an entire international watercourse
or any part thereof or a particular project programme or use except
insofar as the agreement adversely affects, to a significant extent,
the use by one or more other watercourse States of the waters of
the watercourse, without their express consent.

5. Where a watercourse
State considers that adjustment and application of the provisions
of the present Convention is required because of the characteristics
and uses of a particular international watercourse, watercourse States
shall consult with a view to negotiating in good faith for the purpose
of concluding a watercourse agreement or agreements.

6. Where some but not
all watercourse States to a particular international watercourse
are parties to an agreement, nothing in such agreement shall affect
the rights or obligations under the present Convention of watercourse
States that are not parties to such an agreement.

Article 4: Parties to Watercourse Agreements

1. Every watercourse
State is entitled to participate in the negotiation of and to become
a party to any watercourse agreement that applies to the entire international
watercourse, as well as to participate in any relevant consultations.

2. A watercourse State
whose use of an international watercourse may be affected to a significant
extent by the implementation of a proposed watercourse agreement
that applies only to a part of the watercourse or to a particular
project, programme or use is entitled to participate in consultations
on such an agreement and, where appropriate, in the negotiation thereof
in good faith with a view to becoming a party thereto, to the extent
that its use is thereby affected.

PART II. GENERAL PRINCIPLES

Article 5: Equitable and Reasonable Utilization and Participation

1. Watercourse States
shall in their respective territories utilize an international watercourse
in an equitable and reasonable manner. In particular, an international
watercourse shall be used and developed by watercourse States with
a view to attaining optimal and sustainable utilization thereof and
benefits therefrom, taking into account the interests of the watercourse
States concerned, consistent with adequate protection of the watercourse.

2. Watercourse States
shall participate in the use, development and protection of an international
watercourse in an equitable and reasonable manner. Such participation
includes both the right to utilize the watercourse and the duty to
cooperate in the protection and development thereof, as provided
in the present Convention.

Article 6: Factors Relevant to Equitable and Reasonable Utilization

1. Utilization of an
international watercourse in an equitable and reasonable manner within
the meaning of article 5 requires taking into account all relevant
factors and circumstances, including:

(a) Geographic, hydrographic,
hydrological, climatic, ecological and other factors of a natural
character;

(b) The social and
economic needs of the watercourse States concerned;

(c) The population
dependent on the watercourse in each watercourse State;

(d) The effects of
the use or uses of the watercourses in one watercourse State on
other watercourse States;

(e) Existing and potential
uses of the watercourse;

(f) Conservation, protection,
development and economy of use of the water resources of the watercourse
and the costs of measures taken to that effect;

(g) The availability
of alternatives, of comparable value, to a particular planned or
existing use.

2. In the application
of article 5 or paragraph 1 of this article, watercourse States concerned
shall, when the need arises, enter into consultations in a spirit
of cooperation.

3. The weight to be given
to each factor is to be determined by its importance in comparison
with that of other relevant factors. In determining what is a reasonable
and equitable use, all relevant factors are to be considered together
and a conclusion reached on the basis of the whole.

Article 7: Obligation Not to Cause Significant Harm

1. Watercourse States
shall, in utilizing an international watercourse in their territories,
take all appropriate measures to prevent the causing of significant
harm to other watercourse States.

2. Where significant
harm nevertheless is caused to another watercourse State, the States
whose use causes such harm shall, in the absence of agreement to
such use, take all appropriate measures, having due regard for the
provisions of articles 5 and 6, in consultation with the affected
State, to eliminate or mitigate such harm and, where appropriate,
to discuss the question of compensation.

Article 8: General Obligation to Cooperate

1. Watercourse States
shall cooperate on the basis of sovereign equality, territorial integrity,
mutual benefit and good faith in order to attain optimal utilization
and adequate protection of an international watercourse.

2. In determining the
manner of such cooperation, watercourse States may consider the establishment
of joint mechanisms or commissions, as deemed necessary by them,
to facilitate cooperation on relevant measures and procedures in
the light of experience gained through cooperation in existing joint
mechanisms and commissions in various regions.

Article 9: Regular Exchange of Data and Information

1. Pursuant to article 8, watercourse States shall on a regular basis exchange readily available
data and information on the condition of the watercourse, in particular
that of a hydrological, meteorological, hydrogeological and ecological
nature and related to the water quality as well as related forecasts.

2. If a watercourse State
is requested by another watercourse State to provide data or information
that is not readily available, it shall employ its best efforts to
comply with the request but may condition its compliance upon payment
by the requesting State of the reasonable costs of collecting and,
where appropriate, processing such data or information.

3. Watercourse States
shall employ their best efforts to collect and, where appropriate,
to process data and information in a manner which facilitates its
utilization by the other watercourse States to which it is communicated.

Article 10: Relationship Between Different Kinds of Uses

1. In the absence of
agreement or custom to the contrary, no use of an international watercourse
enjoys inherent priority over other uses.

2. In the event of a
conflict between uses of an international watercourse, it shall be
resolved with reference to articles 5 to 7, with special regard being
given to the requirements of vital human needs.

PART III. PLANNED MEASURES

Article 11: Information Concerning Planned Measures

Watercourse States shall
exchange information and consult each other and, if necessary, negotiate
on the possible effects of planned measures on the condition of an
international watercourse.

Before a watercourse
State implements or permits the implementation of planned measures
which may have a significant adverse effect upon other watercourse
States, it shall provide those States with timely notification thereof.
Such notification shall be accompanied by available technical data
and information, including the results of any environmental impact
assessment, in order to enable the notified States to evaluate the
possible effects of the planned measures.

Article 13: Period for Reply to Notification

Unless otherwise agreed:

(a) A watercourse State
providing a notification under article 12 shall allow
the notified States a period of six months within which to study
and evaluate the possible effects of the planned measures and to
communicate the findings to it;

(b) This period shall,
at the request of a notified State for which the evaluation of
the planned measures poses special difficulty, be extended for
a period of six months.

Article 14: Obligations of the Notifying State During the Period for Reply

During the period referred
to in article 13, the notifying State:

(a) Shall cooperate
with the notified States by providing them, on request,
with any additional data and information that is available and necessary
for an accurate evaluation; and

(b) Shall not implement
or permit the implementation of the planned measures without the
consent of the notified States.

Article 15: Reply to Notification

The notified States shall
communicate their findings to the notifying State as early as possible
within the period applicable pursuant to article 13. If a notified
State finds that implementation of the planned measures would be
inconsistent with the provisions of articles 5 or 7, it shall attach
to its finding a documented explanation setting forth the reasons
for the finding.

Article 16: Absence of Reply to Notification

1. If, within the period
applicable pursuant to article 13, the notifying State receives no
communication under article 15, it may, subject to its obligations
under articles 5 and 7, proceed with the implementation of the planned
measures, in accordance with the notification and any other data
and information provided to the notified States.

2. Any claim to compensation
by a notified State which has failed to reply within the period applicable
pursuant to article 13 may be offset by the costs incurred by the
notifying State for action undertaken after the expiration of the
time for a reply which would not have been undertaken if the notified
State had objected within that period.

1. If a communication
is made under article 15 that implementation of the planned measures
would be inconsistent with the provisions of articles 5 or 7, the
notifying State and the State making the communication shall enter
into consultations and, if necessary, negotiations with a view to
arriving at an equitable resolution of the situation.

2. The consultations
and negotiations shall be conducted on the basis that each State
must in good faith pay reasonable regard to the rights and legitimate
interests of the other State.

3. During the course
of the consultations and negotiations, the notifying State shall,
if so requested by the notified State at the time it makes the communication,
refrain from implementing or permitting the implementation of the
planned measures for a period of six months unless otherwise agreed.

Article 18: Procedures in the Absence of Notification

1. If a watercourse State
has reasonable grounds to believe that another watercourse State
is planning measures that may have a significant adverse effect upon
it, the former State may request the latter to apply the provisions
of article 12. The request shall be accompanied by a documented explanation
setting forth its grounds.

2. In the event that
the State planning the measures nevertheless finds that it is not
under an obligation to provide a notification under article 12, it
shall so inform the other State, providing a documented explanation
setting forth the reasons for such finding. If this finding does
not satisfy the other State, the two States shall, at the request
of that other State, promptly enter into consultations and negotiations
in the manner indicated in paragraphs 1 and 2 of article 17.

3. During the course
of the consultations and negotiations, the State planning the measures
shall, if so requested by the other State at the time it requests
the initiation of consultations and negotiations, refrain from implementing
or permitting the implementation of those measures for a period of
six months unless otherwise agreed.

Article 19: Urgent Implementation of Planned Measures

1. In the event that
the implementation of planned measures is of the utmost urgency in
order to protect public health, public safety or other equally important
interests, the State planning the measures may, subject to articles
5 and 7, immediately proceed to implementation, notwithstanding the
provisions of article 14 and paragraph 3 of article 17.

2. In such case, a formal
declaration of the urgency of the measures shall be communicated
without delay to the other watercourse States referred to in article
12 together with the relevant data and information.

3. The State planning
the measures shall, at the request of any of the States referred
to in paragraph 2, promptly enter into consultations and negotiations
with it in the manner indicated in paragraphs 1 and 2 of article
17.

PART IV. PROTECTION, PRESERVATION AND MANAGEMENT

Article 20: Protection and Preservation of Ecosystems

Watercourse States shall,
individually and, where appropriate, jointly, protect and preserve
the ecosystems of international watercourses.

Article 21: Prevention, Reduction and Control of Pollution

1. For the purpose of
this article, "pollution of an international watercourse"
means any detrimental alteration in the composition or quality of the
waters of an international watercourse which results directly or indirectly
from human conduct.

2. Watercourse States
shall, individually and, where appropriate, jointly, prevent, reduce
and control the pollution of an international watercourse that may
cause significant harm to other watercourse States or to their environment,
including harm to human health or safety, to the use of the waters
for any beneficial purpose or to the living resources of the watercourse.
Watercourse States shall take steps to harmonize their policies in
this connection.

3. Watercourse States
shall, at the request of any of them, consult with a view to arriving
at mutually agreeable measures and methods to prevent, reduce and
control pollution of an international watercourse, such as:

(a) Setting joint water
quality objectives and criteria;

(b) Establishing techniques
and practices to address pollution from point and non-point sources;

(c) Establishing lists
of substances the introduction of which into the waters of an international
watercourse is to be prohibited, limited, investigated or monitored.

Article 22: Introduction of Alien or New Species

Watercourse States shall
take all measures necessary to prevent the introduction of species,
alien or new, into an international watercourse which may have effects
detrimental to the ecosystem of the watercourse resulting in significant
harm to other watercourse States.

Article 23: Protection and Preservation of the Marine Environment

Watercourse States shall,
individually and, where appropriate, in cooperation with other States,
take all measures with respect to an international watercourse that
are necessary to protect and preserve the marine environment, including
estuaries, taking into account generally accepted international rules
and standards.

Article 24: Management

1. Watercourse States
shall, at the request of any of them, enter into consultations concerning
the management of an international watercourse, which may include
the establishment of a joint management mechanism.

2. For the purposes of
this article, "management" refers, in particular, to:

(a) Planning the sustainable
development of an international watercourse and providing for the
implementation of any plans adopted; and

(b) Otherwise promoting
the rational and optimal utilization, protection and control of
the watercourse.

Article 25: Regulation

1. Watercourse States
shall cooperate, where appropriate, to respond to needs or opportunities
for regulation of the flow of the waters of an international watercourse.

2. Unless otherwise agreed,
watercourse States shall participate on an equitable basis in the
construction and maintenance or defrayal of the costs of such regulation
works as they may have agreed to undertake.

3. For the purposes of
this article, "regulation" means the use of hydraulic works
or any other continuing measure to alter, vary or otherwise control
the flow of the waters of an international watercourse.

Article 26: Installations

1. Watercourse States shall, within their respective territories, employ their best efforts
to maintain and protect installations, facilities and other works
related to an international watercourse.

2. Watercourse States
shall, at the request of any of them which has reasonable grounds
to believe that it may suffer significant adverse effects, enter
into consultations with regard to:

(a) The safe operation
and maintenance of installations, facilities or other
works related to an international watercourse; and

(b) The protection
of installations, facilities or other works from willful or
negligent acts or the forces of nature.

PART V. HARMFUL CONDITIONS AND EMERGENCY SITUATIONS

Article 27: Prevention and mitigation of harmful conditions

Watercourse States shall,
individually and, where appropriate, jointly, take all appropriate
measures to prevent or mitigate conditions related to an international
watercourse that may be harmful to other watercourse States, whether
resulting from natural causes or human conduct, such as flood or
ice conditions, water-borne diseases, siltation, erosion, salt-water
intrusion, drought or desertification.

Article 28: Emergency situations

1. For the purposes of
this article, "emergency" means a situation that causes,
or poses an imminent threat of causing, serious harm to watercourse
States or other States and that results suddenly from natural causes,
such as floods, the breaking up of ice, landslides or earthquakes,
or from human conduct, such as industrial accidents.

2. A watercourse State
shall, without delay and by the most expeditious means available,
notify other potentially affected States and competent international
organizations of any emergency originating within its territory.

3. A watercourse State
within whose territory an emergency originates shall, in cooperation
with potentially affected States and, where appropriate, competent
international organizations, immediately take all practicable measures
necessitated by the circumstances to prevent, mitigate and eliminate
harmful effects of the emergency.

4. When necessary, watercourse
States shall jointly develop contingency plans for responding to
emergencies, in cooperation, where appropriate, with other potentially
affected States and competent international organizations.

PART VI. MISCELLANEOUS PROVISIONS

Article 29: International watercourses and installations in time of armed conflict

International watercourses
and related installations, facilities and other works shall enjoy
the protection accorded by the principles and rules of international
law applicable in international and non-international armed conflict
and shall not be used in violation of those principles and rules.

Article 30: Indirect Procedures

In cases where there
are serious obstacles to direct contacts between watercourse States,
the States concerned shall fulfill their obligations of cooperation
provided for in the present Convention, including exchange of data
and information, notification, communication, consultations and negotiations,
through any indirect procedure accepted by them.

Article 31: Data and Information Vital to National Defence or Security

Nothing in the present
Convention obliges a watercourse State to provide data or information
vital to its national defence or security. Nevertheless, that State
shall cooperate in good faith with the other watercourse States with
a view to providing as much information as possible under the circumstances.

Article 32: Non-discrimination

Unless the watercourse
States concerned have agreed otherwise for the protection of the
interests of persons, natural or juridical, who have suffered or
are under a serious threat of suffering significant transboundary
harm as a result of activities related to an international watercourse,
a watercourse State shall not discriminate on the basis of nationality
or residence or place where the injury occurred, in granting to such
persons, in accordance with its legal system, access to judicial
or other procedures, or a right to claim compensation or other relief
in respect of significant harm caused by such activities carried
on in its territory.

Article 33: Settlement of disputes

1. In the event of a
dispute between two or more Parties concerning the interpretation
or application of the present Convention, the Parties concerned shall,
in the absence of an applicable agreement between them, seek a settlement
of the dispute by peaceful means in accordance with the following
provisions.

2. If the Parties concerned
cannot reach agreement by negotiation requested by one of them, they
may jointly seek the good offices of, or request mediation or conciliation
by, a third party, or make use, as appropriate, of any joint watercourse
institutions that may have been established by them or agree to submit
the dispute to arbitration or to the International Court of Justice.

3. Subject to the operation
of paragraph 10, if after six months from the time of the request
for negotiations referred to in paragraph 2, the Parties concerned
have not been able to settle their dispute through negotiation or
any other means referred to in paragraph 2, the dispute shall be
submitted, at the request of any of the parties to the dispute, to
impartial fact-finding in accordance with paragraphs 4 to 9, unless
the Parties otherwise agree.

4. Fact-finding Commission
shall be established, composed of one member nominated by each Party
concerned and in addition a member not having the nationality of
any of the Parties concerned chosen by the nominated members who
shall serve as Chairman.

5. If the members nominated
by the Parties are unable to agree on a Chairman within three months
of the request for the establishment of the Commission, any Party
concerned may request the Secretary-General of the United Nations
to appoint the Chairman who shall not have the nationality of any
of the parties to the dispute or of any riparian State of the watercourse
concerned. If one of the Parties fails to nominate a member within
three months of the initial request pursuant to paragraph 3, any
other Party concerned may request the Secretary-General of the United
Nations to appoint a person who shall not have the nationality of
any of the parties to the dispute or of any riparian State of the
watercourse concerned. The person so appointed shall constitute a
single-member Commission.

6. The Commission shall
determine its own procedure.

7. The Parties concerned
have the obligation to provide the Commission with such information
as it may require and, on request, to permit the Commission to have
access to their respective territory and to inspect any facilities,
plant, equipment, construction or natural feature relevant for the
purpose of its inquiry.

8. The Commission shall
adopt its report by a majority vote, unless it is a single-member
Commission, and shall submit that report to the Parties concerned
setting forth its findings and the reasons therefore and such recommendations
as it deems appropriate for an equitable solution of the dispute,
which the Parties concerned shall consider in good faith.

9. The expenses of the
Commission shall be borne equally by the Parties concerned

10. When ratifying, accepting,
approving or acceding to the present Convention, or at any time thereafter,
a Party which is not a regional economic integration organization
may declare in a written instrument submitted to the Depositary that,
in respect of any dispute not resolved in accordance with paragraph
2, it recognizes as compulsory ipso facto and without special agreement
in relation to any Party accepting the same obligation:

(a) Submission of the
dispute to the International Court of Justice; and/or

(b) Arbitration by
an arbitral tribunal established and operating, 'unless the parties
to the dispute otherwise agreed, in accordance with the procedure
laid down in the annex to the present Convention.

A Party which is a regional
economic integration organization may make a declaration with like
effect in relation to arbitration in accordance with subparagraph
(b).

PART VII. FINAL CLAUSES

Article 34: Signature

The present Convention
shall be open for signature by all States and by regional economic
integration organizations from 21 May 1997 until 20 May 2000 at United
Nations Headquarters in New York.

Article 35: Ratification, Acceptance, Approval or Accession

1. The present Convention
is subject to ratification, acceptance, approval or accession by
States and by regional economic integration organizations. The instruments
of ratification, acceptance, approval or accession shall be deposited
with the Secretary-General of the United Nations.

2. Any regional economic
integration organization which becomes a Party to this Convention
without any of its member States being a Party shall be bound by
all the obligations under the Convention. In the case of such organizations,
one or more of whose member States is a Party to this Convention,
the organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under the
Convention. In such cases, the organization and the member States
shall not be entitled to exercise rights under the Convention concurrently.

3. In their instruments
of ratification, acceptance, approval or accession, the regional
economic integration organizations shall declare the extent of their
competence with respect to the matters governed by the Convention.
These organizations shall also inform the Secretary-General of the
United Nations of any substantial modification in the extent of their
competence.

Article 36: Entry into Force

1. The present Convention
shall enter into force on the ninetieth day following the date of
deposit of the thirty-fifth instrument of ratification, acceptance,
approval or accession with the Secretary-General of the United Nations.

2. For each State or
regional economic integration organization that ratifies, accepts
or approves the Convention or accedes thereto after the deposit of
the thirty-fifth instrument of ratification, acceptance, approval
or accession, the Convention shall enter into force on the ninetieth
day after the deposit by such State or regional economic integration
organization of its instrument of ratification, acceptance, approval
or accession.

3. For the purposes of
paragraphs 1 and 2, any instrument deposited by a regional economic
integration organization shall not be counted as additional those
deposited by States.

Article 37: Authentic Texts

The original of the present
Convention, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized
thereto, have signed this Convention.

DONE at New York, this
___________ day of one thousand nine hundred and ninety-seven.

ANNEX

ARBITRATION

Article 1

Unless the
parties to the dispute otherwise agree, the arbitration pursuant
to article 33 of the Convention shall take place in accordance with
articles 2 to 14 of the present annex.

Article 2

The claimant
party shall notify the respondent party that it is referring a dispute
to arbitration pursuant to article 33 of the Convention. The notification
shall state the subject matter of arbitration and include, in particular,
the articles of the Convention, the interpretation or application
of which are at issue. If the parties do not agree on the subject
matter of the dispute, the arbitral tribunal shall determine the
subject matter.

Article 3

1. In disputes
between two parties, the arbitral tribunal shall consist of three
members. Each of the parties to the dispute shall appoint an arbitrator
and the two arbitrators so appointed shall designate by common agreement
the third arbitrator, who shall be the Chairman of the tribunal.
The latter shall not' be a national of one of the parties to the
dispute or of any riparian State of the watercourse concerned, nor
have his or her usual place of residence in the territory of one
of these parties or such riparian State, nor have dealt with the
case in any other capacity.

2. In disputes
between more than two parties, parties in the same interest shall
appoint one arbitrator jointly by agreement.

3. Any vacancy
shall be filled in the manner prescribed for the initial appointment.

Article 4

1. If the
Chairman of the arbitral tribunal has not been designated within
two months of the appointment of the second arbitrator, the President
of the International Court of Justice shall, at the request of a
party, designate the Chairman within a further two-month period.

2. If one
of the parties to the dispute does not appoint an arbitrator within
two months of receipt of the request, the other party may inform
the President of the International Court of Justice, who shall make
the designation within a further two-month period.

Article 5

The arbitral
tribunal shall render its decisions in accordance with the provisions
of this Convention and international law.

Article 6

Unless the
parties to the dispute otherwise agree, the arbitral tribunal shall
determine its own rules of procedure.

Article 7

The arbitral
tribunal may, at the request of one of the Parties, recommend essential
interim measures of protection.

Article 8

1. The parties
to the dispute shall facilitate the work of the arbitral tribunal
and, in particular, using all means at their disposal, shall:

(a) Provide
it with all relevant documents, information and facilities; and

(b) Enable
it', when necessary, to call witnesses or experts and receive their
evidence.

2. The parties
and the arbitrators are under an obligation to protect the confidentiality
of any information they receive in confidence during the proceedings
of the arbitral tribunal.

Article 9

Unless the
arbitral tribunal determines otherwise because of the particular
circumstances of the case, the costs of the tribunal shall be borne
by the parties to the dispute in equal shares. The tribunal shall
keep a record of all its costs, and shall furnish a final statement
thereof to the parties.

Article 10

Any Party
that has an interest of a legal nature in the subject matter of the
dispute which may be affected by the decision in the case, may intervene
in the proceedings with the consent of the tribunal.

Article 11

The tribunal
may hear and determine counterclaims arising directly out of the
subject matter of the dispute.

Article 12

Decisions
both on procedure and substance of the arbitral tribunal shall be
taken by a majority vote of its members.

Article 13

If one of
the parties to the dispute does not appear before the arbitral tribunal
or fails to defend its case, the other party may request the tribunal
to continue the proceedings and to make its award. Absence of a party
or a failure of a party to defend its case shall not constitute a
bar to the proceedings. Before rendering its final decision, the
arbitral tribunal must satisfy itself that the claim is well founded
in fact and law.

Article 14

1. The tribunal
shall render its final decision within five months of the date on
which it is fully constituted unless it finds it necessary to extend
the time limit for a period which should not exceed five more months.

2. The final
decision of the arbitral tribunal shall be confined to the subject
matter of the dispute and shall state the reasons on which it is
based'. It shall contain the names of the members who have participated
and the date of the final decision. Any member of the tribunal may
attach a separate or dissenting opinion to the final decision.

3. The award
shall be binding on the parties to the dispute. It shall be without
appeal unless the parties to the dispute have agreed in advance to
an appellate procedure.

4. Any controversy
which may arise between the parties to the dispute as regards the
interpretation or manner of implementation of the final decision
may be submitted by either party for decision to the arbitral tribunal
which rendered it.